Even Tory councillors unhappy with Overview and Scrutiny function

Highlights from Agenda papers:

Key decisions were felt, despite the legislation permitting Cabinet to take the decision, to be better placed at full Council for final decision to allow full debate on the topic before the final decision was made.

Many comments were made about the changes to council structure following the LGA 2000 and felt that these changes had been to the detriment of the council.

Overview and Scrutiny functions

Many members felt that the overview function of the council was not as strong as under the previous committee setup, when there were separate committees for each function.

Many views were expressed on the need for the next elected council to operate a separate overview committee to work on formulating policy, perhaps encompassing another element – planning policy. A clear focus on overview would also permit the council to put more effort into forward planning, and to give officers a clear steer of the work required of them.

Separating the planning applications from planning policy was another common theme, with a view that the two elements should be separated out to be covered by two committees. The practicalities of a new overview committee covering such a wide area of work (in also covering planning policy) would need careful consideration and officer resource before implementing.

There was general agreement that planning applications were dealt with well and could continue to be so under the structure of a separate committee to that of planning policy.

Scrutiny could still maintain the ability to review decisions before taken, in order to prevent poor decisions being made, and was preferable over a call-in option.

Amendments to Task and Finish Forums

Recommendations were made to Overview and Scrutiny on 22 January on amendments to where the scope is agreed for a TaFF, and the number of councillors who should be on a TaFF.

Discussion reached an agreement on “normally seven” for the number on a Forum, with key aspects being to secure councillors with appropriate skills and/or enthusiasm for the task.

Agreeing a drafted scope at committee level was also felt helpful in order to set the task clear parameters for immediate start by the Forum, as well as help achieve a greater ownership by the committee on what they wanted the Forum to achieve.

Other issues

“To note” recommendations were not appreciated by members and took up valuable meeting time. Reports for information could be circulated separately. Efforts were made at draft agenda stage to seek clear recommendations; and members were reminded that a recommendation was just that – they had the option to change the wording based on the consensus reached. An alternative suggestion was “for the committee to debate and comment on”.

Possible recommendations from this meeting:

 Glossary of terms to be adopted for use as part of the member development programme.

Clear distinction of decision powers between Portfolio Holders/Cabinet and the full Councilcommunicated to councillors, including through the member development programme.

 Debate amending the constitution to permit the following:

o ReplacetheOverviewandScrutinyCommitteewithtwoseparatecommitteesofasmaller membership, overall involving more councillors

o SplitthecurrentresponsibilitiesoftheDevelopmentManagementCommittee,amendingto retain (as Development Control ) determination of planning applications, remain at 16 councillors, and retain a Planning Inspections Committee; the remaining responsibilities of developing planning policy to be undertaken either as a dedicated Development Policy Committee OR taken into the responsibilities of the Overview Committee.

The separate Overview committee to be chaired by a member of the majority party, with an invitation to the opposition to nominate the chairman of the Scrutiny committee. The Leader retains the right to fill the role of Scrutiny Chairman from the majority party if no suitable nomination is
made. The Housing Review Board to remain as chaired by a member of the majority party.

 Scoping for Task and Finish Forums be undertaken by the committee prior to the start of the Forum;

 A Task and Finish Forum to normally consist of seven councillors

 Strategic Management Team work to change the culture of “to note” recommendations and

encourage officers to make clear what decision is being recommended. Still to debate:

 Frequency of meetings for new committee structure suggested. Currently OS meets 10 times a year; DMC 13 times a year

 Chairman’s casting vote

 Chairman of Development Management Committee voting rights when = ward member of application

 Noting member absence when vote taken

 Electronic voting

 Quorum arrangements

 Planning delegation scheme – raising awareness

Click to access 260215-os-agenda-combined-public-version.pdf

Place your bets?

With Claire Wright continually drawing the (largely positive) crowds to her meetings, there is still time to place your bet at Ladbrokes (with the usual caveat of being over 18 and betting responsibly).

At the moment, she is neck and neck with UKIP at 10/1. With UKIP drawing much smaller audiences and with their candidate only recently having moved into the district, maybe it’s time to show your faith in the local lady and improve her odds!

Not to mention making a bit of money for yourself in time for summer!

Online go to: Ladbrokes/Politics/General Election/Constituencies/Devon East
(NOT East Devon)

“Fiscal fears rocket” for local authorities

“Concern among council bosses over whether local authorities will be able to deliver their legal duties has rocketed in the last year, an exclusive survey published today has found.

Amid warnings that the current local government finance system is ‘bust’, more than half of council chief executives, finance bosses and leaders said there was a danger that financial constraints could put their authority in a position where it did not have enough funding to fulfil its statutory duties.”

http://www.themj.co.uk/EXCLUSIVE-Fiscal-fears-rocket/199710

Claire Wright ridicules Hugo Swire on DCC spending cuts

Claire Wright, prospective Independent Parliamentary Candidat, issued the following press release;

CLAIRE WRIGHT RIDICULES HUGO SWIRE ON CLAIMS THAT COUNTY SPENDING WILL RISE

Claire Wright, the Independent candidate for the East Devon constituency and a Devon County Councillor, has ridiculed the current MP, Hugo Swire, for his claim that the county’s spending power would rise. He claimed that it would increase by 0.6 per cent which was “a good deal for East Devon”.

In fact, Devon County Council’s Deputy Leader, Councillor John Clatworthy, confirmed at yesterday’s county council budget meeting (19th February) that its budget has been CUT by central government by over 13 per cent.

Claire Wright said: “Earlier, I challenged Mr Swire to speak up for and vote for the people of his constituency in the House of Commons debate on council grants. When he did neither, I accused him of being cowardly and callously indifferent to the needs of local people. He responded with this outrageous claim that spending would rise and accused me of “a wild and imaginary headline-grabbing spending spree”. He accused me of failing to look at the “hard facts”.

“Mr Swire, here are the facts. You cited “spending power” which includes money that Devon County Council doesn’t even receive. At the council meeting, the Conservative Deputy Leader, John Clatworthy, confirmed that cuts of £46 million will be made in the year 2015/2016 as the county is confronted by a reduction in grant of over 13 per cent.

“John Hart, the Conservative Leader of the Council, said that cuts totalling £210 million would have to be made by 2017. Councillor Clatworthy blasted his own party’s government ministers. He said “Cameron, like Pickles, is out of touch”.

Speaking to the county council , Claire Wright noted that just a few hours before the Parliamentary debate on county grants, the Conservatives held a fund-raising function in London, where the price of a table was up to £15,000. Over £2 million was raised. “Are we really all in it together, Mr Cameron?”
“Last week, the debate raged about big business avoiding tax payments of millions of pounds. That money could have been used to fund our public services, our libraries, children’s services, bus services and road repairs. What is the government doing about big business tax avoidance? Very little. Instead, ministers prefer to blame local authorities for the public services cuts meted out by them.

“John Hart said recently that reductions will continue until well into 2018. What will local government and local services look like by then? Will the citizens of this country be abandoned by the state because of the ideological drive to shrink the state and, instead, let our precious public services be run by the markets?

“The press release issued by Mr Swire, in which he gives grossly misleading figures, represents everything that is wrong with the central government’s priorities. They haven’t got the guts to stand up and to tell the truth to the people whom they have so let down.”

Here is the webcast link for the Devon County Council budget meeting on 19th February:

http://www.devoncc.public-i.tv/core/portal/home

Very weird goings-on in Clyst St Mary according to Google.

A search on Google today for Clyst St Mary references in the last 24 hours produced this note from Google:

In response to a complaint we received under the US Digital Millennium Copyright Act, we have removed 2 result(s) from this page. If you wish, you may read the DMCA complaint that caused the removal(s) at ChillingEffects.org.”

Checking with ChillingEffects.org produced reference to an alleged copyright infringement of a Marilyn Manson songs “Cupid Carries A Gun” and “The Pale Emperor”. This has occured only within the last 24 hours.

Anyone care to hazard a guess? The mind boggles … Conspiracy theories?

Local environmental and planning consultant Charlie Hopkins lambasts East Devon District Council over secrecy on consultants report on housing numbers

Charlie Hopkins, a local planning and environmental consultant,

http://www.charliehopkins.co.uk/

who represented Feniton at their super-inquiry and a founder member of the

Environmental Law Foundation:

http://elflaw.org/

(motto: Everyone has a Right to Participate in Decisions About their Environment: We Help the Voices of Ordinary People to be Heard and Respected),

has sent the following letter to East Devon District Council which is refusing to release the consultants’ reports on the number of houses required for the Local Plan because they may be “politically sensitive” during the run up to local elections.    This, of course, delays the Local Plan by several more months and does not allow the information into the public domain.

As we have covered before, there is a period before elections when local authorities go into what is called purdah.  There is an explanation of this HERE.  The legislation says:

“During the period between the notice of an election and the election itself, local authorities should not publish any publicity on controversial issues or report views or proposals in such a way that identifies them with any individual members or groups of members. Publicity relating to individuals involved directly in the election should not be published by local authorities during this period unless expressly authorised by or under statute. It is permissible for local authorities to publish factual information which identifies the names, wards and parties of candidates at elections.35. In general, local authorities should not issue any publicity which seeks to influence voters. However this general principle is subject to any statutory provision which authorises expenditure being incurred on the publication of material designed to influence the public as to whether to support or oppose a question put at a referendum. It is acceptable to publish material relating to the subject matter of a referendum, for example to correct any factual inaccuracies which have appeared in publicity produced by third parties, so long as this is even-handed and objective and does not support or oppose any of the options which are the subject of the vote.”

So, basically, EDDC Tories are saying that their reports would identify with individual members or groups of members.  This is crazy:  they are independent reports commissioned by East Devon District Council, not by individual members or groups of members.  The bills for the two reports will be paid by East Devon District Council NOT East Devon and Honiton and Tiverton Conservative Associations.

The reports are factual information only and, if it were seeking to influence voters, would be a serious impugning of the consultants’ reports and the reputation of the consultants themselves.

Here is the letter from Mr Hopkins:

The announcement of further delays to the Local Plan by EDDC’s leader, Paul Diviani, is quite incredible. We are told to believe that these delays are “inevitable”, because were the public to have sight of a housing needs report before the elections in May the process “could be seen” as being politically motivated.

Could be seen by whom Mr Diviani?

The report itself certainly won’t be seen by anyone except those select few in EDDC, who then take it upon themselves to decide what the public should know and what they shouldn’t. When EDDC presented the new Local Plan at the public inquiry a year ago, last February, they considered that it was in a form acceptable to the Inspector, who made it clear from Day 1 that it was anything but. A clearer case of incompetence would be hard to imagine. We were then assured that revised housing figures could be produced within a matter of weeks. A year later, still we wait, now to be told, with much hand wringing, that we must wait even longer because of the remote possibility that some unspecified, unidentified persons may see the process as “politically motivated”.

The only reason for withholding the housing needs report is that it is likely that housing needs will be shown to be higher than the figures presented by EDDC a year ago. The consequence of this is that villages and communities in East Devon will be allocated higher housing figures than previously. This is highly unlikely to go down to well with the vast majority of communities in East Devon, some of which have already seen proposals by developers to hugely increase housing on greenfield sites (think of Feniton, Gittisham, and more recently Clyst St Mary).

If there is political motivation behind delaying the release of these reports that can only come from the Tory majority on EDDC.

Finally, who benefits from this further delay?

An unholy trinity of landowners and developers, who stand to profit massively in the interim period before a new Local Plan is in place, and last, but not least, their chums on EDDC.

Charlie Hopkins